is it legal for a company to record phone calls?

Question

Is it legal for a company to record telephone calls between them and you if they dont tell you that they are recording it. A company is billing me for something i haven`t ordered and say they have recorded me verbally agreeing to the order and im not sure if its illegal to record someone without telling them that they are recording the conversation

Answer 1

Its illegal if they don't tell you they are recording it. If you've ordered nothing and the company is charging you then its illegal.

Answer 2

1

Answer 3

It is totally illegal UNLESS you hear a pre recorded message telling you that your call may be recorded or you are told by the operator or in the case of website (where telephone confirmation is required) ordering it states the fact that you may have your calls monitored. Same goes for TV adverts...it has to state that phone calls may be receorded.

In this case and in view of their statement informing you that they have a recorded conversation of you........ask them to send you the recording with evidence of day and time generation and ALL written/printable material they have relating to you/your alleged order.

You are entitled to this under the Data Protection laws and they cannot refuse to supply you with this info. Some companies do try to charge a nominal fee for this.

Personally, if you request this info, I doubt you will here from them again. Also check on the Oftel/Ofcom website...........they have the rules on the site that these companies have to abide by

The other thing to consider is the fact that if they did not inform you in some way,shape or form, the call recording would not be admissable as evidence anyway.

OK lets clear this up: It is not illegal to record a conversation BUT they must have your permission to use it. Use Privacy Laws and Human Rights Violations! Secondly, if they did not have your permission they cannot use it against you in any way shape or form! It would not stand up as evidence in a court of law!

Point of caution: Many companies get around this by sending out leaflets, brochures or catalogues with this 'monitoring for training' clause in VERY small print contained in the terms and conditions. Check the T's & C's of the company!

Even if it is in the T's & C's it doesn't really matter, the onus of proof is on them. They have to prove it was you recorded in the conversation and you that placed an order! As said above ask them for the day and time generated voice recording! I'll bet that it has gone missing!

Answer 4

If there was no pre-recorded message forewarning you about their policy of recording calls, then I am willing to bet that they are breaking the law. For instance when I contact most companies before someone picks up the call- I get a prerecorded message informing that the call is recorded.

Contact the Citizen's Advice Beaurea and Trading Standards Office with regards to the purchase. Afterall, even if you did want the product- you are entitled to a "cooling period" which allows you to change your mind - speak to the Trading Standards Office about the company. They may have a history of doing this!

Good luck!

Answer 5

According to Ofcom, the telephone industry regulator, the recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation.

Under the Regulation of Investigatory Powers Act 2000 (RIPA), it is not illegal for individuals to tape conversations providing the recording is for their own use.

Recording or monitoring are only prohibited where some of the contents of the communication are made available to a third party.

If a person intends to make the conversation available to a third party, they must obtain the consent of the person being recorded.

Answer 6

State laws vary. In some states it is legal to record telephone conversations as long as one party knows about it. In some states both parties must be made aware of it. In either case you can record whatever you want, but it may not be allowed as evidence in court if the other party did not agree to it. You have the option to refuse to allow them to record you by hanging up when their recording tells you that the call will be "monitored." If you want evidence, the best thing to do would be to get it in writing. You can force them to respond in writing by filing a complaint with the Better Business Bureau. This maneuver can be surprisingly successful. Companies do not like to have outstanding complaints against them, and will often do more than they have to do in order to settle them. EDIT: I'm still thinking about this and now I see your point. They have stated that the call will be recorded. You have agreed to it by not hanging up. Therefore both parties have agreed that the call will be recorded. A court would almost certainly find that this constituted consent to record on both sides and therefore either or both sides would be allowed to record and present the recording as evidence.

Answer 7

Yes they must tell you BEFORE they start the conversation with you, if they wish to record you. Also, invariably when a call is being taped, every so often during the conversation, you may hear an int eruption for a couple of `beeps` like the engaged tone; that his a sure sign that you are being taped.

Answer 8

Yes. In the UK, recording a telephone call is legal, as long as one party to the call is aware that this is happening. There is no legal requirement for that party to tell the other one. The law makes no differentiation between recording a call and taking verbatim or shorthand notes.

In your particular situation, call their bluff - ask to hear the alleged recording.

Answer 9

You have to be told that you are being recorded. Hence the whole "these calls may be recorded for training and monitoiring purposes" message.

If they have a recording of you ask for it (you can get a copy under the data protection act - however you may have to pay a fee, normally around £10)

Answer 10

Yes. A company can record you,provided they have said,"calls may be monitored". Now they may not tell you, personally,but as long as it is said somewhere,ie,advert for their company,newspaper ad,telephone book, etc,by law they are covered. It is however,normal practice for a company to tell a person,when phoning the company, that calls will be monitored.